JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No.280/2019 of Police Station Gulabpura, District Bhilwara for the offences punishable under Sections 363, 366A, 344, 376 IPC and Section 5(B)/6 of POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that after rejection of the first bail application of the petitioner, statements of the prosecutrix PW-1 and her mother PW-2 have been recorded before the trial court. It is submitted that though the prosecutrix in her examination-in-chief has reiterated that the petitioner had kidnapped and sexually assaulted her, but in her crossexamination, she has admitted that she gave false statements in her examination-in-chief as her mother was not well and suffering from some disease. The prosecutrix has also admitted her guilt and stated that despite having opportunity, she has not complained to anybody that the petitioner kidnapped her. It is submitted that from the statements of the prosecutrix, it can be gathered that she was major on the day of incident. It is also submitted that even the mother of the prosecutrix PW-2 in her cross-examination has admitted that she is not aware about the date of birth of her children and also admitted that her marriage was solemnized around twenty five to forty years back. It is further submitted that taking into consideration the above statements, it is clear that the prosecutrix was major at the time of incident and she eloped with the petitioner and lived at various places as per her own free will. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case; after goingh through the statements of the prosecutrix, wherein she has admitted her guilt and stated that she eloped with the petitioner as per her own free will and taking into consideration the fact that mother of the prosecutrix has failed to disclose the age of her daughter, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ghanshyam S/o Shri Ladu Ram Brahman shall be released on bail in connection with FIR No.280/2019 of Police Station Gulabpura, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.